David Terrence Stephens v. Department of Corrections

• Court: District Court of Appeal of Florida
• Decided: September 28, 2022
• Docket: 20-2958
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D20-2958 _____________________________

DAVID TERRENCE STEPHENS,

Appellant,

v.

DEPARTMENT OF CORRECTIONS,

Appellee. _____________________________

On appeal from the Circuit Court for Leon County. Charles W. Dodson, Judge.

September 28, 2022

PER CURIAM.

Appellant seeks review from a circuit court order dismissing his petition for writ of mandamus as untimely. Appellant argued there were due process errors in several disciplinary proceedings, many of them years old. We affirm because none of the challenged proceedings occurred within thirty days of the date that Appellant filed his petition as required by section 95.11(8), Fla. Stat. (2020) (“Any action challenging prisoner disciplinary proceedings shall be barred by the court unless it is commenced within the time period provided by this section.”).

AFFIRMED.

LEWIS, TANENBAUM, and LONG, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

David Terrence Stephens, pro se, Appellant.

Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, and Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Appellee.